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Book
The separation of powers in the contemporary : judicial competence and independence in the United Kingdom
Author:
ISBN: 9780521493376 9780511933820 0521493374 Year: 2011 Publisher: Cambridge: Cambridge university press,


Book
The separation of powers in the contemporary constitution : judicial competence and independence in the United Kingdom
Author:
ISBN: 1107215501 0511853009 1282916335 9786612916335 0511931824 0511930488 0511927975 0511933177 0511933827 0511925441 9780511933172 9780521493376 0521493374 9780511925443 9780511933820 Year: 2010 Publisher: Cambridge ; New York : Cambridge University Press,

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Abstract

In this 2010 book, Roger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.

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